Migraines & headaches decisions — 2013

The Board denied the Veteran's claim for an earlier effective date for the award of a 20 percent rating for lumbosacral strain, finding that no increase in lumbosacral strain became factually ascertainable during the year preceding February 26, 2007.

The Board has determined that the Veteran's claimed back, head, right shoulder, and right hip disabilities are not related to service. The evidence does not support a finding of continuity of symptomatology or direct service connection.

The Board found that the Veteran's residuals of a head injury are etiologically related to his in-service fall, resulting in current diagnoses of headaches and hydrocephalus with a shunt. The decision grants service connection for these conditions.

The Board has decided in favor of the Veteran, granting service connection for migraine headaches.

The Veteran's petition to reopen his claim of service connection for migraines has been granted. His claims for increased ratings for hallux valgus and hammertoes, as well as peripheral neuropathy of the lower extremities, have also been granted.

The Veteran's myalgia and myositis are found to be secondary to his service-connected cervical and lumbar spine disabilities. The Veteran is granted an initial disability rating of no more than 50 percent for migraines, effective December 5, 2011.

The Veteran's service-connected depression has been granted an increased disability evaluation to 70 percent effective June 17, 2008.

The Veteran's L5-S1 herniated nucleus pulposus has been granted a 40 percent rating, effective July 30, 2008. The issues of tension headaches and vertigo remain unresolved as they are not part of the appeal process for service connection.

The Board has determined that new and material evidence has been received to reopen the claims for service connection of headaches, dental injury, head injury (traumatic brain injury), neck injury, and mandible injury. However, no new or material evidence was submitted within one year of notice of the final denial, making these claims still denied.

The Veteran's service connection claim for residuals of a traumatic brain injury (TBI), to include headaches, is granted as the evidence supports that he experienced a head injury in Somalia during his active duty and has residual disabilities.

The Board denied service connection for a head injury and chronic dizziness, finding no credible evidence of an in-service head injury or residuals thereof. The Veteran's headaches are not considered service-connected.

The Board found that the Veteran's current gastrointestinal and migraine headache disabilities are not related to her service, thus denying her claims for service connection.

The Veteran's appeal is being remanded for further development, including determining the appropriate diagnostic codes for his fibromyalgia manifestations and considering if combining separate ratings would provide a higher evaluation than the current 40 percent rating.

The Board found that the Veteran does not have a current disability due to a speech condition or migraines, which could be attributed to active service.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and private treatment records. A VA examination is also needed to determine the nature and etiology of his claimed back, neck, shoulder, and headache disabilities, as well as an initial rating in excess of 50 percent for PTSD.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. Service connection claims for low back pain, neck injury with residual headaches, and head trauma with residual headaches are pending.

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claim of residuals of left ankle fracture. The other claims were also denied due to lack of a nexus between current disabilities and service.

The Veteran's service connection claim for a headache disorder was denied as there is no evidence of chronic in-service symptomatology and the current condition is not related to service.

The Veteran's post concussion encephalopathy with headaches due to skull fracture is currently rated at 30 percent, which does not meet the criteria for a higher rating. The Board also found that his service-connected disability did not render him unable to secure and follow a substantially gainful occupation.